Legal Opinion

Johnson v. Johnson's Administrator

Supreme Court of Missouri

Decided March 15, 1860PublishedCited by 36 opinions

Appeal from St. Louis Land Court. This case has heretofore been before the supreme court and is reported in 23 Mo. 561. This was a suit instituted by Lucy Johnson, widow of Col. John W. Johnson, deceased, to obtain an assignment of dower in the real estate belonging to said Johnson at the time of his decease.

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Appeal from St. Louis Land Court. This case has heretofore been before the supreme court and is reported in 23 Mo. 561. This was a suit instituted by Lucy Johnson, widow of Col. John W. Johnson, deceased, to obtain an assignment of dower in the real estate belonging to said Johnson at the time of his decease. She claims one-half thereof as a dower under the third section of the dower act of 1845. The petition in the cause is set forth at large in the report of the cause in 23 Mo. 561. The petition sets forth in substance the following facts : Plaintiff was married to said Johnson in 1831 in…

1Opinion of the CourtNapton, Judge

This case was here before on a demurrer to the petition, and the decision of the court will be found reported in 23 Mo. 561.

When the case returned to the land court, an answer was filed by the adult defendants, setting up the antenuptial settlement as an equitable bar to the claim for dower, and denying the several charges, made in the petition, of breaches of the contract and general bad faith on the part of Johnson, *84and offering to pay the amount of money received by Johnson from his wife upon their marriage, as specified in his will, and whatever additional money might appear upon…

2Cases cited2 opinions

  1. Wall v. WilliamsSupreme Court of Alabama · 1847
  2. Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1856

3Cited by36 opinions

  1. Harjo v. JohnstonSupreme Court of Oklahoma · 1940
  2. Nelson v. JonesSupreme Court of Missouri · 1912
  3. Kalyton v. KalytonOregon Supreme Court · 1903
  4. Kobogum v. Jackson Iron Co.Michigan Supreme Court · 1889
  5. Begay v. MillerArizona Supreme Court · 1950

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